On some issues of the Presidential Youth Personnel Reserve

Updated Unofficial translation

Decree of the President of the Republic of Kazakhstan dated August 27, 2019 No. 141.

      Unofficial translation

  To be published in
Collection of acts of the
President and Government
of the Republic of Kazakhstan

      I HEREBY ORDER:

      1. To form the National commission on the youth personnel reserve under the President of the Republic of Kazakhstan (hereinafter - the National commission).

      2. To approve the attached:

      1) Regulation on the National commission;

      2) composition of the National commission;

      3) Rules for formation of the Presidential youth personnel reserve.

      3. This Decree shall be enforced from the day of its first official publication.

      President
of the Republic of Kazakhstan
K. TOKAYEV

      APPROVED
by the Decree of the President
of the Republic of Kazakhstan
dated August 27, 2019 № 141

REGULATION
on the National commission on the youth personnel reserve under the President of the Republic of Kazakhstan 1. General provisions

      1. The National commission on the youth personnel reserve under the President of the Republic of Kazakhstan (hereinafter - the National commission) is formed in order to form the Presidential youth personnel reserve (hereinafter - the Reserve).

      2. The National commission is guided by the Constitution, legislative acts of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and this regulation in its activities.

2. Tasks of the National commission

      3. The tasks of the National Commission shall be:

      1) general coordination of work on the formation of the Reserve;

      2) resolving issues regarding enrollment in the Reserve, exclusion from the Reserve;

      3) ensuring the execution of orders of the President of the Republic of Kazakhstan on the Reserve formation issues;

      4) identification of candidates to be enrolled in the regional personnel reserves of the oblast, city of republican status, the capital (hereinafter referred to as the regional reserves) without undergoing selection.

      Footnote. Paragraph 3 - as amended by Decree of the President of the Republic of Kazakhstan dated 22.12.2023 № 418 (shall be enforced from the date of its first official publication).

3. Functions of the National commission

      4. In accordance with the tasks, the National Commission shall be assigned the following functions:

      1) consideration of candidates recommended for enrollment in the Reserve;

      2) sending requests and receiving information from state bodies and other organizations on issues within the National Commission’s competence;

      3) making decisions on issues within the National Commission’s competence;

      4) consideration of the issue of excluding a person from the Reserve;

      5) approval of the list of candidates to be enrolled in regional reserves without undergoing selection.

      Footnote. Paragraph 4 - as amended by the Decree of the President of the Republic of Kazakhstan dated 22.12.2023 № 418 (shall be enforced from the date of its first official publication).

4. Rights of the National commission

      5. In accordance with its tasks, the National Commission shall have the right to:

      1) involve officials and specialists of state bodies, organizations in consideration of the issues within the competence of the National commission;

      2) invite officials and other persons who are not members of the National commission, as well as representatives of the mass media to the meetings of the National commission.

5. Composition and organization of activities of the National commission

      6. The National commission consists of a chairman, his/her deputy and members of the commission.

      7. Chairman of the National commission shall:

      1) carry out general management of activities of the National commission;

      2) determine the venue and time of meetings of the National commission;

      3) preside over the meetings of the National commission;

      4) give binding instructions to the members of the National commission.

      8. During the absence of the Chairman of the National commission, as well as on behalf of the Chairman of the National commission, his/her functions may be performed by the deputy Chairman of the National commission.

      9. Meetings of the National commission are held as required.

      10. On behalf of the Chairman of the National commission, absentee voting of members of the National commission may be held.

      The term for absentee voting of members of the National commission should not exceed three working days from the date of distribution of materials to the members of the National commission.

      Before the end of the term for absentee voting, members of the National commission shall send their opinions to the working body of the National commission in writing.

      In case of failure to provide an answer within the specified period, it is considered that the member of the National commission voted for adoption of the draft decision.

      11. A meeting of the National commission or absentee voting shall be deemed competent if at least two thirds of its members are present at the meeting or participate in absentee voting. Members of the National commission participate in its meetings and in absentee voting without the right to replace.

      12. Decisions of the National commission shall be adopted by open voting or by absentee voting by a simple majority of votes from the total number of members of the National commission present at the meeting or participating in the absentee voting. In the event of equality of votes, the chairman's vote shall be decisive.

      13. The decisions of the National commission shall be formalized in a minutes signed by the Chairman and secretary of the National commission.

      The decisions of the National Commission are sent to the relevant state bodies, organizations and are subject to mandatory consideration within the period established by the National Commission.

      14. The secretary of the National Commission shall be the head of the Civil Service Department of the Administration of the President of the Republic of Kazakhstan.

      Footnote. Paragraph 14 - as amended by the Decree of the President of the Republic of Kazakhstan dated 13.09.2023 № 350.

      15. The working body of the National Commission shall be the Civil Service Department of the Administration of the President of the Republic of Kazakhstan.

      Organizational support to the activities of the National Commission shall be provided by the authorized body for civil service affairs.

      Footnote. Paragraph 15 - as amended by the Decree of the President of the Republic of Kazakhstan dated 13.09.2023 № 350.

  APPROVED
by the Decree of the
President of the
Republic of Kazakhstan
dated August 27, 2019 № 141

COMPOSITION
of the National commission on the youth personnel reserve under the President of the Republic of Kazakhstan

      Footnote. The composition is in the wording of the Decree of the President of the Republic of Kazakhstan dated 13.09.2023 № 350.

      Head of the Administration of the President of the Republic of Kazakhstan, Chairman of the Commission

      Head of the Office of the President of the Republic of Kazakhstan, Deputy Chairman of the Commission

      Chairman of the Agency of the Republic of Kazakhstan for Civil Service Affairs, Deputy Chairman of the Commission

      Deputy Prime Minister - Chief of Staff of the Government of the Republic of Kazakhstan, member of the Commission

      Assistant to the President of the Republic of Kazakhstan on Internal Policy and Communications, member of the Commission

      Assistant to the President of the Republic of Kazakhstan for Economic Affairs, member of the Commission

      Advisor to the President of the Republic of Kazakhstan, coordinating regional policy issues, member of the Commission

      Rector of the Academy of Public Administration under the President of the Republic of Kazakhstan, member of the Commission

      Head of the Civil Service Department of the Administration of the President of the Republic of Kazakhstan, Secretary of the Commission

  APPROVED
by the Decree of the President
of the Republic of Kazakhstan
dated August 27, 2019 № 141

RULES
for the formation of the Presidential youth personnel reserve

      Footnote. The Rules as amended by the Decree of the President of the Republic of Kazakhstan dated 18.05.2021 № 580 (shall be enforced from the date of its first official publication).

Chapter 1. General provisions

      1. These Rules for the formation of the Presidential Youth Personnel Reserve (hereinafter referred to as the Rules) shall establish the procedure for the formation of the Presidential Youth Personnel Reserve (hereinafter referred to as the Reserve).

      2. Selection to the Reserve shall be carried out by the National Commission for Youth Personnel Reserve under the President of the Republic of Kazakhstan (hereinafter referred to as the National Commission).

      3. Citizens of the Republic of Kazakhstan under thirty-five years of age, with a higher education and at least five years of work experience shall be admitted to the selection for the Reserve.

      Persons appointed by the President of the Republic of Kazakhstan, political servants, administrative civil servants of Corps “A” and persons in the Presidential Youth Personnel Reserve shall not be admitted to participation in the selection for the Reserve.

      4. Persons enrolled in the Reserve may be appointed to political state positions, administrative state positions of Corps “A”, leadership positions of Corps “B” and to positions of category A group of Corps “B” by decision of the authorized commission under the President of the Republic of Kazakhstan in the order and on the terms established by the legislation of the Republic of Kazakhstan.

      Appointments to the positions specified in this paragraph can be made both from among the persons enrolled in the Reserve and from among other persons in the manner established by the legislation of the Republic of Kazakhstan.

      5. These Rules do not regulate issues of occupying leadership positions in the Armed Forces, other troops and military formations of the Republic of Kazakhstan, as well as in law enforcement and special state bodies, which shall be implemented in accordance with Decree of the President of the Republic of Kazakhstan dated August 28, 2013 № 624 “On the formation of Presidential pool of the leadership of Law Enforcement and Special State Bodies of the Republic of Kazakhstan.”

Chapter 2. Selection for the Reserve

      6. Selection for the Reserve shall be comprised of the following stages:

      1) acceptance of candidates’ documents;

      2) assessment of the ability to work with text and numerical information;

      3) solving situational problems;

      4) assessment of competencies;

      5) an interview with candidates in the Expert Commission for selection into the Reserve (hereinafter referred to as the Expert Commission);

      6) consideration at a meeting of the National Commission of candidates recommended by the Expert Commission.

      The selection stages for the Reserve can be conducted with the use of information systems.

      The timing of the selection stages for the Reserve shall be established by the National Commission.

      Footnote. Paragraph 6 as amended by the Decree of the President of the Republic of Kazakhstan dated 22.12.2023 № 418 (shall be enforced from the date of its first official publication).

      7. The announcement of the selection shall be posted on the Internet resource of the authorized body for civil service affairs (hereinafter referred to as the authorized body), also in the republican media and other resources 10 working days before the start of accepting documents of candidates for participation in the selection for the Reserve.

      The announcement shall contain information about the procedure of selection for the Reserve, determined by these Rules, and the deadlines for accepting documents.

      8. To participate in the selection, the following documents shall be filed:

      1) a copy of an identity document;

      2) a copy of the education document;

      3) a copy of employment verification document;

      4) a valid official certificate of the established form on passing the exam in the state language*.

      When submitting documents, the candidate shall familiarize himself with the procedure of forming the Reserve, give his consent to strict compliance with these Rules, as well as to the collection and processing of personal data.

      9. Candidates who meet the requirements specified in paragraph 3 of these Rules shall be admitted to assessment of the ability to work with text information.

      10. Candidates who score the highest points at the end of each selection stage for the Reserve shall be admitted to the next selection stage.

      The maximum number of candidates with the highest points admitted to each subsequent selection stage for the Reserve shall be determined by the National Commission.

      If several candidates have equal test results, the number of candidates exceeding the number determined by the National Commission may be admitted to the next selection stage.

      11. To ensure transparency of selection to the Reserve, representatives of the expert community may be involved at the stages of solving situational problems and assessing competencies.

      At the end of the stages of solving situational problems and assessing competencies, the results on each stage shall be announced to the candidates with explanation for the grades given.

      12. The composition of the Expert Commission shall be determined by the Administration of the President of the Republic of Kazakhstan, including from among the heads of state bodies.

      When preparing for a meeting of the Expert Commission, the authorized body shall examine information about the candidates, including which is requested from the relevant state bodies, as well as the candidates’ compliance with the requirements of paragraph 3 of Article 16 of the Law of the Republic of Kazakhstan “On the Civil Service of the Republic of Kazakhstan”.

      Basing on the interview results, taking into account the results of the previous selection stages, the Expert Commission, through open voting, shall form the list of candidates recommended for enrollment in the Reserve and send it to the National Commission for consideration.

      13. The National Commission shall be formed by decision of the President of the Republic of Kazakhstan.

      The National Commission shall:

      1) make a decision on the enrollment of candidates into the Reserve for a period of three years;

      2) approve the list of candidates to be enrolled in the regional personnel pools of the oblast, city of republican status, the capital without undergoing selection.

      If necessary, the National Commission conducts interviews with candidates.

      The list of candidates to be included in the regional personnel pools of an oblast, city of republican status, the capital without undergoing selection shall comprise candidates who took part in the selection at the stage of consideration at the meeting of the National Commission of candidates recommended by the Expert Commission, but not included in the Reserve.

      Footnote. Paragraph 13 as amended by Decree of the President of the Republic of Kazakhstan dated 22.12.2023 № 418 (shall be enforced from the date of its first official publication).

      14. The grounds for declining participation in the selection and exclusion at any of its stages shall be:

      1) non-observance by the candidate of the Reserve forming procedure;

      2) providing false information and documents;

      3) non-compliance of candidates with the requirements of paragraph 3 of Article 16 of the Law of the Republic of Kazakhstan “On the Civil Service of the Republic of Kazakhstan”.

Chapter 3. Exclusion from the Reserve

      15. By decision of the National Commission, a person enrolled in the Reserve shall be excluded from the Reserve when the relevant proposals are submitted by the authorized body in the following cases:

      1) at own request;

      2) loss of citizenship of the Republic of Kazakhstan;

      3) citizenship of a foreign state;

      4) disciplinary offense that discredits the public service;

      5) demotion or dismissal based on his performance evaluation results;

      6) administrative liability for offenses encroaching on public order and ethics;

      7) committing an administrative corruption offense;

      8) committing a crime or criminal offense or exemption from criminal liability for committing a crime or criminal offense under paragraphs 3), 4), 9), 10) and 12) of part one of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan while in the Reserve;

      9) refusal to accept anti-corruption restrictions;

      10) recognition by the court as incapacitated or partially incapacitated;

      11) dismissal for negative reasons in accordance with the laws of the Republic of Kazakhstan or termination of an employment contract at the initiative of the employer on the grounds provided for in subparagraphs 9), 10), 12), 13), 14), 15) and 17) of paragraph 1 of Article 52 of the Labor Code Republic of Kazakhstan.

      Footnote. Paragraph 15 as amended by Decree of the President of the Republic of Kazakhstan dated 31.12.2022 № 77 (shall be enforced from the date of its first official publication).

Chapter 4. Transitional provisions

      16. The term of being in the Reserve of persons enrolled by the minutes of the National Commission dated December 23, 2019 shall be five years, calculated from the date of signing of the said minutes. During the indicated term, persons enrolled in the Reserve may occupy positions of political and administrative civil servants of Corps “A” in accordance with the legislation on the civil service of the Republic of Kazakhstan, as well as positions of chairmen and members of the boards of national management holdings, national holdings, national companies.

      Note* In accordance with the National Standards, which define the requirements for proficiency in the state language at least at the intermediate level (B1)

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